Martin, In the matter of an application for leave to issue or file

[2018] HCATrans 197

[2018] HCATrans 197

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B29 of 2018

In the matter of -

an application by ARJAY MARTIN for leave to issue or file

NETTLE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 3 OCTOBER 2018, AT 9.30 AM

Copyright in the High Court of Australia

HIS HONOUR:   For the reasons that I now publish, I dismiss the applicant’s ex parte application filed on 14 June 2018.  I direct that the reasons as published be incorporated into the transcript.  I publish those reasons.

The applicant, who is unrepresented, sought to file a Writ of Summons and accompanying Statement of Claim in order to commence a proceeding against 246 defendants comprised of present and past members of the Commonwealth Parliament, major political parties, the Australian Electoral Commission and the other unsuccessful candidates for election in the electorate of Hunter at the federal election held in 2016.

On 28 May 2018, Gageler J directed that pursuant to r 6.07.2 of the High Court Rules 2004 (Cth) the applicant’s Writ of Summons and Statement of Claim were not to be issued or filed without the leave of a Justice being obtained by the applicant. On 14 June 2018, the applicant made an ex parte application seeking leave to issue or file those documents.

So far as can be told from the Statement of Claim, the applicant seeks to bring the proceeding pursuant to s 3 of the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth) (“the Common Informers Act”), as well as other statutory and Constitutional provisions, in order to establish to his satisfaction which of the many present and past members of Parliament identified as defendants are or were eligible to be chosen or sit as such, and in order to claim monetary sums in respect of those defendants who were not eligible to sit. The wide‑ranging Statement of Claim also seeks relief including, but not limited to, orders relating to the allocation of electoral funding, determinations of the constitutional validity of the Common Informers Act and the Commonwealth Electoral Act 1918 (Cth) (“the Electoral Act”), and a declaration that the applicant is duly elected as the member for Hunter.

Insofar as relief is claimed against members of Parliament whose eligibility to be chosen and sit has not been determined by the relevant House of Parliament or referred to this Court for determination pursuant to Div 2 of Pt XXII of the Electoral Act, the claims appear bound to fail according to this Court's recent decision in Alley v Gillespie[1]. Further, in at least some cases, the claims appear to be time barred by s 3(2) of the Common Informers Act. And in any event, the Statement of Claim is prolix, embarrassing and, in large respects, unintelligible.

[1](2018) 92 ALJR 373; 353 ALR 1; [2018] HCA 11.

Accordingly, the application for leave to issue or file the Writ of Summons and Statement of Claim is dismissed.

AT 9.31 AM THE MATTER WAS CONCLUDED